Terms Of Service
Terms Of Service
Risk Disclosure and Terms Of Service
- Read the entire terms
You may not share your
user account login or password with anyone. You may not create more than one account.Violating either of these terms will result in the
permanent deactivation of all access to services. If you believe either
of these has happened please notify us via a help desk ticket immediately and
we will change your password and will disable the duplicate account.
WebSite, Tools, Spread & Binary Scanners, Functions, Webinars
Disclaimers and Disclosures
Do not contact Nadex regarding the scanner it is
not supported by Nadex.
By using the spread and binary scanners instant
submit, ticket and stop trigger function you are agreeing to the terms of
service.
Instant Submit, Ticket and Stop Trigger Function
– READ THIS BEFORE IMPLEMENTING ANY USAGE OF THE SCANNER FUNCTIONS
Do not contact Nadex regarding the Scanner,
Instant Submit or Stop Trigger Function it is not supported by Nadex.
The instant submit virtual stop function is an
apex plugin function. It is not supported or endorsed by Nadex in any way.
These functions are simply a function in front
of the normal Nadex ticket that you use to determine when you want to submit a
normal Nadex ticket.
If you have ANY technical issues you agree you
will not contact Nadex regarding instant submit or stop trigger function or any
tickets submitted implemented from the scanner using this function as they do
not support it in any way. Doing so is a violation of this agreement.
If you get an error that says “A response has
not been received from the exchange. Please contact us to determine the state
of your order.” The Trade Tracker will show you the state however for
additional verification you can login to the Nadex platform to see the state of
the limit order you submitted or call them to ask about the state of a limit
order if needed (ie cannot see it in their platform).
However, it should be solely in relation to the status of a limit order you
submitted. Regarding any stop trigger functionality ALL comments and questions
should be directed to Apex Investing.
If you have any technical issue use the Apex
Investing help desk on apexinvesting.net (under questions in the members area).
If you have any implementation questions use the
Apex Investing forum at apexinvesting.net
You understand the risk in using the stop
trigger function and instant submit functions. These risk include but are not
limited to: hitting the button on accident and submitting an order, you must
leave it open to use it, If you close the window window
it will not work, If your browser crashes or has an error it will not work, If
you lose internet connectivity it will not work, If you submit two stop
triggers with the same trigger price it will not work (So ensure they are at
least separated by at least a fraction of a tick. Ie
if price 1000.40 – and you want to submit stop triggers at the same trigger
price – then have one trigger at 1000.40 and the other at 1000.401 or 1000.399
to help try to avoid simultaneous submission error), If there is any disruption
in connectivity to the data feed from any source it will error out and may not
work, if Nadex indicative feed freezes on their end or ours or on your pc or
does not update for any reason the stop trigger function will not work, other
unknown technical issues could arise causing it not to work, Leaving the
trigger function active while away from your computer inhibits your ability to
know there was an error and therefore not being able to adjust accordingly, It
is your sole responsibility and liability to ensure it is functioning properly
at all times when in use and to adjust accordingly, You should always check to
ensure when a trigger does activate a limit order it is correct and if not you
should immediately adjust it and take sole responsibility for any limit orders you
submit. This is your sole responsibility and liability to do so.
The instant ticket and trigger function you are
about to use has been created and developed independent of Nadex and Nadex does
not provide maintenance or support or endorsement of any kind for the program.
Nadex has no ownership rights in the program, and the owner of this program is
not Nadex's agent, employee or affiliate and has no
authority to bind Nadex in any way, or to enter into any agreement, arrangement
or contract on Nadex's behalf. Nadex makes no
warranty, expressed or implied, regarding the accuracy, adequacy, completeness,
reliability, or usefulness of the program or any information it provides. All
warranties of any kind, express or implied, including
but not limited to the implied warranties of merchantability, fitness for a
particular purpose, freedom from contamination by computer viruses, and
non-infringement of proprietary rights, are disclaimed by Nadex. You are solely
responsible for all determinations regarding the suitability, potential
profitability, risk and appropriateness for you of any order, Nadex contract,
trading strategy or other matter in connection with any trading in your Nadex
account. You are solely responsible for any and all orders and other
instructions submitted for your Nadex account and no other person or entity controls
the trading in your Nadex account. Nadex is not responsible for any losses you
may incur as the result of information provided by this program. By using the
scanner and its functions you are giving your electronic signature and
confirming that you understand and agree to the information above.
The program you are about to use has been
created and developed independent of Nadex and Nadex does not provide
maintenance or support of any kind for the program. Nadex has no ownership
rights in the program, and the owner of this program is not Nadex's
agent, employee or affiliate and has no authority to bind Nadex in any way, or
to enter into any agreement, arrangement or contract on Nadex's
behalf. Nadex makes no warranty, expressed or implied, regarding the accuracy,
adequacy, completeness, reliability, or usefulness of the program or any
information it provides. All warranties of any kind,
express or implied, including but not limited to the implied warranties of
merchantability, fitness for a particular purpose, freedom from contamination
by computer viruses, and non-infringement of proprietary rights, are disclaimed
by Nadex. You are solely responsible for all determinations regarding the
suitability, potential profitability, risk and appropriateness for you of any
order, Nadex contract, trading strategy or other matter in connection with any
trading in your Nadex account. You are solely responsible for any and all
orders and other instructions submitted for your Nadex account and no other
person or entity controls the trading in your Nadex account. Nadex is not
responsible for any losses you may incur as the result of information provided
by this program. By clicking I AGREE you are giving your electronic signature
and confirming that you understand and agree to the information above.
Apex Investing Institute LLC & Insight
Investors LLC makes no warranty, expressed or implied, regarding the accuracy,
adequacy, completeness, reliability, or usefulness of the program or any
information or function it provides. All warranties of any kind,
express or implied, including but not limited to the implied warranties of
merchantability, fitness for a particular purpose, freedom from contamination
by computer viruses, and non-infringement of proprietary rights, are disclaimed
by Apex Investing Institute LLC & Insight Investors LLC. You are solely
responsible for all determinations regarding the suitability, potential profitability, risk and appropriateness for you of using the
stop trigger function, any order, Nadex contract, trading strategy or other
matter in connection with any trading in your Nadex account. You are solely
responsible for any and all orders and other instructions submitted for your
Nadex account and no other person or entity controls the trading in your Nadex
account and you understand you are using this function and entering the
variable inputs for YOU to submit the order when the stop trigger function
variables are entered and submitted by YOU and triggered. Apex Investing
Institute LLC & Insight Investors LLC are not responsible for any losses
you may incur as the result of information provided by this program or
function. By using the website, scanner, tools, or any functions provided by
Apex Investing you are giving your electronic signature and confirming that you
understand and agree to these terms of service.
Insight Investors LLC & Apex Investing
Institute LLC, hereinafter referred to as COMPANY and
all of its services are purely for educational purposes. The scanner is a
tool that filters contracts available on the Nadex exchange, in
your web browser based upon the filters you select. Other tools
provided are available for analysis and education. COMPANY adamantly
states that nothing in any of its software, tools, websites, webinars, and
other communication method constitutes a solicitation, promotion, endorsement,
offer or recommendation to buy or sell any investment vehicle. Neither COMPANY, its owners and operators, its subsidiaries,
officers, employees, representatives nor independent contractors are
acting as licensed financial advisors. COMPANY is acting SOLELY as
an education firm providing research tools and any trading done is for the sole
and explicit purpose of illustrating the mechanics of a trade as an example for
purely educational purposes. We provide strategies and education
materials showing you ways to use the scanner which are designed to inform and
teach you about trading and how possibly to limit risk and possibly make
profits from trading. Your trades may lose the maximum loss and there is
no assurance that you will make profits or limit risk to less than the maximum
risk on said product. COMPANY does not determine whether any strategy,
trading instrument, swap, or contract of any type is suitable for any individual.
Exchange fees may vary by instrument and may or may not be included in
the calculation of education, scanner tools, and examples. And the
transactional trading fees may vary depending on the size of the transaction
you perform from what is displayed in education, scanner tools, and education.
Education examples of strategies and trade examples and hypothetical
trades do not represent liquidity, exchange fees, commissions, interest,
dividends, spreads, other expenses and have the benefit of hindsight. All of
these factors affect whether or not a
investment is profitable. Any quotes made available may be delayed or may
become unavailable do to technology difficulties. Before selling or buying any
investment you should consult with the ticket in the platform for the live
pricing to verify pricing information. Neither subscriber and
any third-party related to subscriber shall not hold COMPANY liability for any
change, cancellation, or temporary hold of COMPANY services.
COMPANY. AND ITS AFFILIATES PROVIDE THE MATERIALS AVAILABLE AT all
ASSOCIATE WEBSITES AND OTHER COMPANY WEBSITES PRODUCTS,
"AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, COMPANY. AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND ADVERTISERS DISCLAIM ALL WARRANTIES,
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR
COMPLETENESS OF ANY INFORMATION, PRODUCT OR SERVICES. COMPANY.
AND ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
SUPPLIERS, SPONSORS AND ADVERTISERS DO NOT WARRANT THAT YOUR USE OF ANY COMPANY
& PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL
BE CORRECTED, OR THAT COMPANY PRODUCTS, INCLUDING THE SERVERS ON WHICH WEBSITES
ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY
NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU. For international users outside the United States you
understand you are responsible for compliance with the laws of your local
jurisdiction regarding import or export regulations regarding any service or
site operated by COMPANY. It is prohibited to access any of COMPANY websites
content or services if it is in violation of any local laws of the user. YOU
ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL
TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE
INFORMATION, PRODUCTS AND SERVICES, INCLUDING WEB SITES, AND ALL CHARGES
RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF AND
RELIANCE ON COMPANY PRODUCTS AND SERVICES.
OPINION, ADVICE, OR STATEMENT OF COMPANY., ITS
AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
SUPPLIERS, SPONSORS AND ADVERTISERS, WHETHER MADE ON A WEBSITE OR OTHERWISE,
SHALL NOT CREATE ANY WARRANTY. YOUR USE OF COMPANY PRODUCTS IS ENTIRELY AT YOUR
OWN RISK.
Limitation of Liability
NEITHER COMPANY. NOR ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS OR ADVERTISERS ARE RESPONSIBLE OR LIABLE
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR
OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY
ARISING OUT OF OR RELATING IN ANY WAY TO ANY COMPANY PRODUCTS AND OR SERVICES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY COMPANY PRODUCT OR SERVICE IS TO STOP USING THEM. THE SOLE AND EXCLUSIVE
MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER
IN CONTRACT, TORT—INCLUDING, WITHOUT LIMITATION—NEGLIGENCE), OR OTHERWISE)
SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, DIRECTLY
TO THE COMPANY FOR SERVICES AND PRODUCT. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend and hold
COMPANY., its Affiliates and their respective officers, directors, employees
and agents harmless from and against any and all claims, damages, losses, costs
(including reasonable attorneys' fees), or other expenses that arise directly
or indirectly out of or from (a) your breach of these Terms of Use or other
terms applicable to your use of COMPANY products and or services; (b) any
allegation that any materials that you submit to us or transmit to us infringe
or otherwise violate the copyright, trademark, trade secret or other
intellectual property or other rights of any third party; and/or (c) your
activities in connection with any COMPANY products and or services.
DISCLOSURES
From time to time, we
make information available to you regarding our business and the trading
industry. Remember, ALL TRADING AND INVESTMENT ACTIVITY INVOLVES RISK. We
provide strategies and education designed to inform and teach you about trading
and how possibly to limit risk and make profits from trading. There is no
assurance that you will make profits or limit risk from what you are learning
from us. In fact most people who trade lose money. We are solely for
educational purposes please seek out a licensed financial
advisors before making any financial decisions.
IMPORTANT NOTICES ABOUT TRADING
All investments and trading involve risk. Trading and investing
subjects you to risk of losses, including losses greater than your original
investment. Many strategies, investments and securities (including options and
swaps) are not suitable for everyone. COMPANY does not determine whether any
strategy, investment or security is suitable for any individual. Particularly
with respect to options and futures and forex, equities, swaps, and options as
is disclaimed with whatever exchange or broker dealer you open an account with.
Subscribers should trade with money they cannot afford to lose and only
place trades where they understand the risk and the instrument. Past results
are not indicative of future performance. Trade examples and hypothetical
trades do not represent liquidity, commissions, interest, dividends, spreads,
other expenses and have the benefit of hindsight. All of these factors affect
whether or not ainvestment is profitable. For purposes
of all products and services even if the trade is live all trades and trade
examples are to be considered trade examples based upon hypothetical trades for
educational purposes only. Any quotes made available may be delayed. Before
selling or buying any investment you should consult with a broker to verify
pricing information. This risk disclosure applies to this site and all sites , services, and products owned by COMPANY. This
service is provided for pure educational purposes only. None of the information
within this should be construed as financial advice. Due to regulations
by SEC, NFA, CFTC, and other regulatory bodies regarding securities,
commodities, fixed income, and foreign exchange laws we are not able to provide
trade recommendations or any service that could be thought of as investment,
legal, or accounting advice. Basically, there is risk and you should assume
loss before entering into any trade.. As reinforcement
to this basic statement: There are no guarantees of profits or losses and no
statements or track records on any form of communication of any type produced
by COMPANY on any of its websites or of the materials, principals, agents,
employees, contractors, or affiliates should be construed to make any type of
guarantee of profit or loss (We may guarantee free subscription for a specified
period of time if trades do not profit but this is in no way meant to mean that
COMPANY or others representing it are in any way guarantying a profit). As
always, past results are in no way a guarantee of future results.
Hypothetical or simulated performance results have certain
limitations, unlike an actual performance record, simulated results do not
represent actual trading, also since the trades have not been executed, the
results may have under or over compensated for the impact, if any, of certain
market factors, such as lack of liquidity, simulated trading programs in
general are also subject to the fact that they are designed with the benefit of
hindsight. No representation is being made that any account will likely or is
likely to achieve profit or loss similar to those shown in hypothetical or
actual performance records listed on any materials or communicated in any way
by anyone associated with COMPANY.. COMPANY, and its
affiliate websites, company divisions, principals, agents, contractors,
possible affiliates, employees, associates, partners are not responsible for
any profits nor any losses from any of the material produced by COMPANY and its
subdivisions in any form of media or method of communication. Individuals will may express their opinions but this is meant to be seen
as that sole individuals opinions and not the opinion of Insights Investors LLC
or its divisions. COMPANY uses research of a variety of methods to develop
educational material and educational signals but all material should perform
their own due diligence to determine if such material is suitable for their
personal investment decisions. COMPANY and any of its affiliate websites,
company divisions, principals, agents, contractors, possible affiliates,
employees, associates, partners may or may not take have a position for
educational strategies and educational signals listed in material and reserve
the right to enter, exit, or abstain from any position on any financial investment
vehicle at any time without notifying any subscriber. Though owners of this
website and COMPANY may or may not have an investment advisor license they are
not acting in that capacity at any time for subscribers to this websites
services through phone, web, email, text message, instant message, book,
electronic-book, or any other type of communication or media. COMPANY, its
websites, affiliates, contractors, employees are NOT acting as registered
investment advisors, brokers, knowledgeable persons, broker dealers, or in any
other capacity that would make one believe they should trade signals given by
any such persons, companies, affiliates. Investing in securities, futures,
commodities, options, foreign exchange, derivatives and other types of products
involves substantial risk and investors could lose all or more of their
originally invested capital, even more than is in their investment account. If
any employee, contractor, possible affiliate, of COMPANY or this website decide
to act in any way other than described in this disclaimer they must do so with
written documentation signed by COMPANY for each individual instance in which
they may be doing so in a means separate from or linked to COMPANY otherwise
they are doing so without the knowledge or consent of COMPANY. If you believe
any employees, contractors or affiliates are acting in such a manner and
representing COMPANY or any of its services or websites or products you must
request the letter from them to see if they are authorized to do so through
certified mail from 2710 Thomes Ave STE 1189 Cheyenne
WY 82001. Other disclaimers that all people who dare to trade at their
own risk against the legal disclaimers recommendations should read risk
disclaimers such as “Characteristics and Risks of Standardized Options”
http://www.optionsclearing.com/publications/risks/riskchap1.jsp other SEC
publications http://sec.gov/answers/options.htm.
You agree to all disclaimers provided by your broker for their software
execution of your trades and the exchanges disclaimers regarding risk on all
types of investments for any type of investment account you open and understand
that these disclaimers should be viewed as in addition to all disclaimers
within this document.
COMPANY & Investing Institute Sites products could include
inaccuracies or errors. We do not make guarantees as to the completeness or
correctness of any COMPANY & Investing Institute Sites' product. Any data
used or made available by COMPANY & Investing Institute Sites is from
sources believed by it to be reliable and accurate; however, COMPANY &
Investing Institute Sites does not investigate the sources or confirm the data
and it does not make any representations that the data or resulting
calculations are complete or otherwise accurate.
From time to time, COMPANY & Investing Institute Sites may
reference prior articles and opinions. These references may be selective, may
reference only a portion of an article or opinion, and are likely not to be
current. As markets change continuously, previously published information and
data may not be current and should not be relied upon.
Educational signals are not the same as auto-trading. Auto-Trading
is not available unless explicitly stated for that particular subscription. Use
of Auto-Trading or other educational services is not to be construed by
subscriber/customer or anyone else as an advisor relationship. All information
communicated is clearly for educational information purposes and no advice is
given or implied every subscriber/customer assumes sole responsibility for
their investment decisions. Auto-Trading is an arrangement that you make
exclusively with your broker that we are not an affiliated party with that
agreement in any way. We do not recommend a particular broker firm. Where they
are mentioned it is to inform the reader of possible advantages or
disadvantages of using the particular broker and should by no means be
construed as a recommendation to use that particular broker for actual live
trading. We have not responsibility for any profit or loss that may occur and
will incur no liability for any losses that may occur or any type of damages
including, w/o limitation, consequential, special, intangible, indirect,
direct, or similar damages that may arise directly or indirectly to
auto-trading or any educational product offered by COMPANY and/or its
principals, agents, contractors, employees, and affiliates, regardless if the
loss or damages is a result of negligence of COMPANY and/or its principals,
agents, contractors, employees, and affiliates. Circumstances that are within
or beyond the control of COMPANY may occur that may cause an error or problem
in auto-trading for taking exits, entering trades or not entering trades and if
any such errors occur due to negligence related to COMPANY then subscriber
agrees that issues may occur and are part of the risk of auto trading and
agrees to hold COMPANY and its affiliates harmless for any damages or monetary
loss that may occur to such problems. Subscriber will indemnify, hold harmless,
defend, and not request a refund or a chargeback, nor will you pursue legal of
action of any type or kind against COMPANY or its principals, agents,
employees, contractors, or affiliates Any attempt to violate this agreement
shall result in full legal action and collections for any amount lost to the
violation of this agreement by the subscriber. Subscriber agrees that under no
circumstances for any reason shall the amount due to subscriber for any reason
or level of loss exceed that of the cost paid by subscriber to COMPANY. The
broker may or may not compensate COMPANY for allowing them marketing space that
results in funded accounts on COMPANY websites. Subscriber agrees that in any
legal claim through contract or tort or otherwise shall be limited to and not
exceed for any expense the amount paid by subscriber to COMPANY for any
services or product it has paid COMPANY directly. COMPANY may at any time cease
the distribution of its newsletter to an auto-trading broker in its sole
discretion and is not required to give notice of such action or decision. Neither subscriber and any third-party related to subscriber
shall not hold COMPANY liability for any change, cancellation, or temporary
hold of COMPANY services. COMPANY has and will not have under any circumstances
have any liability for any trade made by any broker on any subscriber or
non-subscribers behalf. The subscriber must notify the broker of any
changes in auto-trading or profile information. The subscriber should in no way
assume or believe that information made available by the subscriber to COMPANY
will be passed along to the broker by COMPANY. The subscriber must understand
how to use auto-trading and should contact their broker for questions regarding
auto-trading for setup, maintenance, margin, monitoring, and different settings
that may be available with the broker. The subscriber must notify the broker
when cancelling their auto-trading service with COMPANY or its website division
regardless of whether or not the subscriber has notified Insight Investors with
any form of communication of subscribers action or
intent to cancel. Subscribers and non-subscribers agree to indemnify and hold
harmless COMPANY of any trades autotrader or
otherwise placed before, during and after their subscription.
PRIVACY POLICY
Company will not track an individuals personal usage of a unique users
executions patterns using the scanner in relation to that individual as all
filters are on the individuals browser not the server. We will act in
accordance with current legislation and aim to meet current best practices. Any
information you provide to COMPANY. will only be used
within COMPANY. and by its agents and or service
providers. Your information also will be disclosed, however, when required by
law or we believe in good faith that such action is necessary in order to
comply with the law or legal process. Also, if you post or send offensive,
inappropriate or objectionable content anywhere on or to all associated webites or its affiliated sites, or otherwise engage in any
disruptive behavior, COMPANY. can use information
about you in connection with stopping such behavior and exercising its rights
and remedies. This may involve informing relevant third parties such as
Internet service providers and law enforcement agencies about the content and
your behavior. During any visit to all associated webites
or its affiliated sites, the pages you see, along with a short text file called
a 'cookie', are downloaded to your computer. You understand and consent that we
use analytics to track detailed analytics of any tool accessed by users by user
as we deem appropriate for technology, marketing, and distribution to
appropriate parties.
Intellectual Property Rights
Apex Investing, Infinity Ball, all education, software, analyzers,
signals, other trademarks used with COMPANY & Investing Institute Sites
products, including the all associated websites website and all sites operated
by COMPANY, are owned by COMPANY. You may not use or reproduce such trademarks
without written permission from COMPANY All code, images, content,
and media of all types on all sites may not be used for any purpose other than
the subscriber’s direct viewing. All associated websites and other websites
owned by COMPANY., including the look and feel of such
sites. We reserve all rights and remedies available to us and nothing in this
agreement is intended to limit our rights and remedies.
User agrees to not share, resale, distribute, reproduce, copy,
sell, resell, provide for free, exploit, or transfer for profit or not for
profit any material, services, or access to services and understands that
COMPANY shall bring litigation upon subscriber/customer for any violation of
the policies within this agreement and disclaimer and subscriber/customer shall
be responsible for all attorney, legal, marketing, public relation, lost
profit, travel, damages, and other expense related to such violation.
To access some of the COMPANY products and or services, we require
that you provide us with information about you. If you believe that your
username and password are no longer secure, immediately update your password
and immediately notify our customer service department by email at support@allassociated webites or
by telephone at 1-888-946-2739. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE
CONFIDENTIALITY OF YOUR USER NAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES
(INCLUDING PRODUCT PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
Information that we collect from you, such as registration and
credit card information, is subject to our privacy policy.
COMPANY & products and services are owned and operated by
COMPANY. Products and/or Services include all services, materials, information,
and content delivered to a subscriber through direct communication, electronic
or printed media. COMPANY products and or services are intended for use solely
by the individual that has subscribed or purchased products directly from
COMPANY. For the purpose of this agreement COMPANY & Investing
Institute Sites and COMPANY shall be used interchangeably and shall be in
reference to the entity COMPANY.
Subscriber may not allow another person to use subscriber’s username
and password to obtain access to COMPANY products or services for any reason
including but not limited to time-share. Subscriber’s rights to use our
services or products are limited exclusively to your personal use and may not
be resold or shared for free or for profit with anyone.
Intellectual Property Rights Reminder:
The clauses:
COMPANY All code, images, content, and media of all
types on all sites may not be used for any purpose other than the subscriber’s
direct viewing.
AND
COMPANY products and or services are intended for use solely by
the individual that has subscribed or purchased products directly from COMPANY.
AND
Subscriber’s rights to use our services or products are limited
exclusively to your personal use and may not be resold or shared for free or
for profit with anyone.
AND
User agrees to not share, resale, distribute, reproduce, copy,
sell, resell, provide for free, exploit, or transfer for profit or not for
profit any material, services, or access to services and understands that
COMPANY shall bring litigation upon subscriber/customer for any violation of
the policies within this agreement and disclaimer and subscriber/customer shall
be responsible for all attorney, legal, marketing, public relation, lost
profit, travel, damages, and other expense related to such violation.
These clauses would place the user in breach of contract if they
were to violate them. Examples of such are
Direct viewing means for one’s own personal use exclusively.
This limits any subscriber from using the content to create
content of their own that is any way using the content we make and distributing
it outside of our website and if within our website without the express written
permission of Darrell Martin, this applies even if giving credit to us as the
originator of the idea or concept. Obviously claiming a concept as your own
would also be a breach of the terms of service as this would be using it in a
way other than direct viewing. Teaching the strategies we teach in separate
forum of any manner electronic, paper, in person or another other media type,
using content we teach to distribute signals, trading ideas, education,
articles videos whether public, private, for profit or not for profit
would be a breach of the terms of service. Attempting to reverse engineer our
code or methodologies would be a violation of this agreement. Taking concepts,
ideas, codes, formula, education, content of any form and using them to make a
similar reproduction to accomplish any similar result or to make a new way of
using said content for profit or not for profit distributing it to another
person would be using it for a purpose other than direct viewing.
Payment Policy & Shipping Methods:
As consideration for the products we provide to you, you agree to
pay the applicable fees and other costs set forth at the time you purchase from
COMPANY. Specials and limited time offers have different fees and costs and may
have other terms and conditions. Prior to your purchase of a product, we may
change fees and costs, at any time, for any reason, at our sole discretion,
without prior notice to you. All fees and costs are due at the time you
purchase. You agree to pay all value added, sales and other taxes. All payments
must be made in U.S. dollars.
ALL FEES ARE NON-REFUNDABLE, IN WHOLE OR IN PART EXCEPT AS STATED
ON THE PRODUCT.
In the
event of a chargeback by a credit card company (or similar action by another
payment provider allowed by us) or other non-payment by you in connection with
your payment of the applicable service or renewal fee, you agree that the
product for which such fee has not been paid may be suspended, canceled or
terminated, in COMPANY sole discretion, and you remain responsible for the full
payment of the fee and any additional amounts owed by you. Any attempt to
chargeback shall result in all collection fees, chargeback fees, subscription
fees, and any legal fees being due to company by you.
COMPANY accepts American Express, Discover/Novus, MasterCard and
Visa. We also accept debit cards, personal checks, money orders, cashier checks
and wire transfers under special circumstances
COMPANY requires the credit, debit, or check card security code
for your card for any telephone, on-location or online purchase to protect
against the unauthorized use of your credit card by other persons. The security
code is an individual three or four digit number specific to your card that may
be printed on the face of your card above the embossed account number (if
American Express), or on the back of your card, on the signature panel (if
Visa, MasterCard or Discover).
There are no cancellations for current month/term and no refunds
on subscription products.
Cancellations shall only apply to the following billing cycle
after the term the subscriber is currently subscribed to. If you do not renew
your subscription and decide to reinstate it then you may be subject to a rate
increase depending on what the current rate being charged for the subscription
is.
All COMPANY & Investing Institute Sites' products are non
-returnable and non-refundable unless explicitly stated in writing on the
product. If applicable, in the event a DVD or CD is defective and/or cracked
during shipping, you can contact customer service at 1-888-946-2739. We will
ship you the exact DVD/CD the same day if the request came before 2:00 pm EST.
Along with the new DVD or CD, we will also send a return to sender envelope
with pre-paid postage, which you can use to send us back the damaged DVD or CD.
If the damaged DVD or CD is not returned within 14 business days, COMPANY &
Investing Institute Sites will charge you the full amount for the new DVD or CD
in addition to the original that you have already paid.
Technology Costs
Many COMPANY products are accessible through the
Internet and require that you have a computer and modem or comparable access
lines. In addition, text messaging may apply and you will be liable for such
cost from your phone provider if such feature is added in the future. You
acknowledge and agree that, to the extent necessary for you to access products
which are made available through the Internet, it is your responsibility to
provide all equipment, including a computer and modem, necessary for you to
establish a connection to the Internet; to provide all commercially available
standard software necessary to connect with our products; provide for your own
connection to the Internet; and pay any costs and fees associated with your
equipment, software and connections to the Internet. In addition, data fees may
apply for live market data to make product accessible. You may also have to pay
transactional cost and platform fees. You understand you are responsible for
such fees and those fees may be in addition to any fees you pay to Apex These
fees are not paid to Apex therefore we are in no way responsible for the fees
or the deliverability of these data services or platforms. Certain data fee or
other data providers may have difficulties delivering data so you may have to
choose an alternative data provider or broker to use the software and this may
have additional cost for you. You acknowledge you understand any such fees and
that you are responsible for them and they may be a requirement for you to use
the services. You inability or desire to purchase or access such services
through your preferred method shall not be cause for any refund or amount due
to you if such event is to occur.
Termination
Service shall be made available until such time
as company decide it is no longer or willing to provide such service. Each of
us can terminate our relationship with the other by discontinuing business with
the other. For example, we may discontinue your access to COMPANY products in
the event you are violating the Terms of Use or in the event we are no longer
able to provide them under the current terms. However, our rights and remedies
under these Terms of Use, including our intellectual property rights,
indemnification and limitation of liability, and any other agreement will
continue to apply and survive the termination of the relationship. Upon
termination, we may disable your access to some or all COMPANY & Investing
Institute Sites' products or services, including if you have violated these
Terms of Use. Upon termination, you will not have access to COMPANY products or
services. You may terminate simply by ceasing to use the scanner, tools, or
website, However, your termination does not relieve
the requirement that you continue to honor the terms of service regarding
intellectual property rights.
Miscellaneous
These Terms of Use and any other agreement
between COMPANY & Investing Institute Sites and you is governed by and
construed in accordance with the laws of the State of Wyoming, United States of
America, without regard to principles of conflicts of law. You agree to
personal jurisdiction by the federal and state courts located in Federal court
Tarrant County, Texas, United States of America, and waive any jurisdictional,
venue, or inconvenient forum objection to such courts. If any provision of our
agreements is found to be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable and shall not affect the validity and
enforceability of any remaining provisions.
These Terms of Use and any other agreements are
not assignable, transferable or sub-licensable by you.
If COMPANY. takes any action to enforce the
Terms of Use or any other agreement with you that you have violated you shall
liable for all cost and damages, without limiting any of its other legal or
equitable rights and remedies, you shall also pay the costs incurred by it in
connection with such action, including reasonable attorneys’ fees.
Links and Advertising
Success and results described in testimonials or other statements
may not be representative of other subscribers’ experiences and in no way can
they represent all subscriber’s experiences. They have
not been verified to be accurate or whether they are live or demo.. There are no assurances you are in any way going to
increase the probability of your trading profits with our educational services
as all results will vary and all investment decisions should first be ran
through a licensed financial advisor before any investment decisions are made.
Due to the wide variety of opinions by investment advisors and the varying
decisions made by subscribers, results will vary drastically. COMPANY &
Investing Institute Sites and its Affiliates may accept advertising and
promotional payments from third parties whose advertisement appear on COMPANY
websites and in its products. COMPANY & Investing Institute Sites may
receive advertising payments from some broker-dealers (i.e., brokerage firms)
for distributing the brokerage firms’ advertisements and promoting firms during
COMPANY presentations. COMPANY makes no representations about any other website
which you may access by way of a link or reference in person or via electronic
communication. We may compensate instructors, affiliates, website owners, and
other forms of advertising from sales made by subscriptions, sold products and
live classes.